UT
Utah House Bill HB0383

Utah 2025 Regular Session

Utah House Bill HB0383 Compare Versions

OldNewDifferences
1-Enrolled Copy H.B. 383
1+02-13 12:15 H.B. 383
22 1
33 Court Fine Amendments
44 2025 GENERAL SESSION
55 STATE OF UTAH
66 Chief Sponsor: Grant Amjad Miller
77 Senate Sponsor: Todd Weiler
88 2
99
1010 3
1111 LONG TITLE
1212 4
1313 General Description:
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1515 This bill modifies provisions related to compensatory service and credits toward criminal
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1717 fines.
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1919 Highlighted Provisions:
2020 8
2121 This bill:
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23+▸ Ĥ→ [modifies the rate that is used to credit compensatory service toward payment of
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25+criminal
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27+fines;] ←Ĥ
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2329 ▸ permits a judge to order that the cost of any court-ordered treatment or course be credited
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2531 toward payment of criminal fines if the treatment or course is completed; and
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2733 ▸ permits credit for the cost of a court-ordered treatment or course to also be issued by
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2935 means of a judge's order on a petition for remittance.
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3137 Money Appropriated in this Bill:
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33-None
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35-Other Special Clauses:
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3739 None
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41+Other Special Clauses:
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43+None
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3945 Utah Code Sections Affected:
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4147 AMENDS:
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4349 76-3-301.7, as enacted by Laws of Utah 2018, Chapter 214
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4551 77-32b-105, as enacted by Laws of Utah 2021, Chapter 260
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4753
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4955 Be it enacted by the Legislature of the state of Utah:
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5157 Section 1. Section 76-3-301.7 is amended to read:
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5359 76-3-301.7 . Compensatory service -- Credit for cost of court-ordered treatment
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5561 or course.
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5763 (1) As used in this section, "compensatory service" means service or unpaid work
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5965 performed by a person, in lieu of the payment of a criminal fine, for:
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61-(a) a state or local government agency; H.B. 383 Enrolled Copy
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66+ H.B. 383 H.B. 383 02-13 12:15
67+30
68+(a) a state or local government agency;
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6370 (b) an entity that is approved as a nonprofit organization under Section 501(c) of the
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6572 Internal Revenue Code; or
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6774 (c) any other entity or organization if prior approval is obtained from the court.
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6976 (2) When a defendant is sentenced to pay a fine for an infraction, class C or class B
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7178 misdemeanor, the court shall consider allowing the defendant to complete compensatory
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7380 service in lieu of the payment of the fine or account receivable, exclusive of any victim
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7582 restitution imposed.
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7784 (3) A defendant who intends to forfeit bail or who is ordered to pay a fine by the court for
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7986 an infraction, class C or class B misdemeanor, shall be informed by the court of the
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8188 opportunity to perform compensatory service in lieu of the fine or bail amount.
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8390 (4) The court shall credit timely completed compensatory service reported in accordance
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85-with Subsection (5) against the fine or bail amount at the rate of $10 per hour and shall
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87-allow the defendant a reasonable amount of time to complete the service.
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92+with Subsection (5) against the fine or bail amount at the rate of Ĥ→ [[] ←Ĥ $10 Ĥ→ []$15 ] ←Ĥ
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94+per hour and
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96+shall allow the defendant a reasonable amount of time to complete the service.
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8998 (5)(a) The court shall provide the defendant with instructions that inform the
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91100 organization:
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93102 (i) about the requirements in Subsection (5)(b); and
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95104 (ii) that making a written false statement to the court about the defendant's
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97106 compensatory service is punishable as a class B misdemeanor pursuant to Section
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99108 76-8-504.
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101110 (b) The defendant shall report compensatory service hours to the court in a letter that:
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103112 (i) is on the organization's official letterhead and includes contact information for the
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105114 organization's representative;
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107116 (ii) specifies the number of hours for which the defendant provided service;
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109118 (iii) contains a brief description of what the service involved; and
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111120 (iv) is signed by an authorized representative of the organization; or
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113122 (v) is in a form otherwise acceptable to the court.
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115124 (6) The court may refuse to accept compensatory service:
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117126 (a) completed prior to the date of sentencing;
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119128 (b) that has been submitted to another court for credit; or
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121130 (c) completed at an agency or organization or is a type of service that is specifically
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123132 prohibited by the court.
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125134 (7) In addition to any other provision of this section, a court may order that the unpaid
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127-amount of the criminal accounts receivable, that is not the principal or interest amount
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129-owed for restitution, be reduced in the amount of the cost of any treatment or course if:
130-- 2 - Enrolled Copy H.B. 383
135+- 2 - 02-13 12:15 H.B. 383
131136 63
137+amount of the criminal accounts receivable, that is not the principal Ĥ→ or interest ←Ĥ amount
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139+owed for
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141+restitution, be reduced in the amount of the cost of any treatment or course if:
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132143 (a) the treatment or course was ordered by the court as part of the case;
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134145 (b) the defendant has completed the court's requirements related to the treatment or
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136147 course;
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138149 (c) the defendant provides proof that the defendant completed the court's requirements
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140151 and paid the cost of the treatment or course; and
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142153 (d) the court finds that payment of an unpaid amount of a criminal accounts receivable
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144155 will impose manifest hardship on the defendant or the defendant's family.
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146157 Section 2. Section 77-32b-105 is amended to read:
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148159 77-32b-105 . Petition for remittance or modification of a criminal accounts
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150161 receivable before termination of a sentence.
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152163 (1) At any time before a defendant's sentence terminates, the defendant may petition the
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154165 sentencing court to:
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156167 (a) correct an error in a criminal accounts receivable;
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158169 (b) modify the payment schedule for the defendant's criminal accounts receivable in
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160171 accordance with this section if the defendant is not under the jurisdiction of the
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162173 board; or
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164175 (c) remit, in whole or in part, an unpaid amount of the defendant's criminal accounts
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166-receivable that is not the principal or interest amount owed for restitution in
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168-accordance with this section.
169176 82
177+receivable that is not the principal Ĥ→ or interest ←Ĥ amount owed for restitution in
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179+accordance with
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181+this section.
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170183 (2) If a defendant files a petition under Subsection (1), and it appears to the satisfaction of
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172185 the sentencing court that payment of an unpaid amount of a criminal accounts receivable
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174187 will impose manifest hardship on the defendant, or the defendant's family, the court may:
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176189 (a) if the criminal accounts receivable is not delinquent or in default, remit, in whole or
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178-in part, the unpaid amount of the criminal accounts receivable that is not the principal
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180-or interest amount owed for restitution; or
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191+in part, the unpaid amount of the criminal accounts receivable that is not the principal Ĥ→
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193+or interest ←Ĥ
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195+amount owed for restitution; or
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182197 (b) regardless of whether the criminal accounts receivable is delinquent or in default:
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184199 (i) require the defendant to pay the criminal accounts receivable, or a specified
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186201 amount of the criminal accounts receivable, by a certain date;
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188203 (ii) modify the payment schedule for the criminal accounts receivable in accordance
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190206 with the factors described in Subsection 77-32b-103(3)(b) if the defendant has
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192208 demonstrated that the criminal accounts receivable will impose a manifest
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194210 hardship due to changed circumstances or new evidence that justifies modifying
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196212 the payment schedule; or
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198214 (iii)(A) allow the defendant to satisfy an unpaid amount of the criminal accounts
199-- 3 - H.B. 383 Enrolled Copy
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201-receivable, that is not the principal or interest amount owed for restitution, with
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203-proof of compensatory service completed by the defendant at a rate of credit
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205-not less than $10 for each hour of compensatory service[.] ; and
216+receivable, that is not the principal Ĥ→ or interest ←Ĥ amount owed for
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218+restitution, with proof of
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220+compensatory service completed by the defendant at a rate of credit not less
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222+than Ĥ→ [[] ←Ĥ $10 Ĥ→ []$15] ←Ĥ for each hour of compensatory service[.] ; and
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207224 (B) allow the defendant to reduce the unpaid amount of the criminal accounts
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209-receivable, that is not the principal or interest amount owed for restitution, in
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211-the amount of the cost of any treatment or course if:
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226+receivable, that is not the principal Ĥ→ or interest ←Ĥ amount owed for restitution, in
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228+the amount
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230+of the cost of any treatment or course if:
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213232 (I) the treatment or course was ordered by the court as part of the case;
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215234 (II) the defendant has completed the court's requirements related to the
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217236 treatment or course; and
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219238 (III) the defendant provides proof that the defendant completed the court's
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221240 requirements and paid the cost of the treatment or course.
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223242 (3)(a) If a defendant is under the jurisdiction of the board, the defendant may petition the
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225244 board, at any time before the defendant's sentence terminates, to modify the payment
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227246 schedule for the defendant's criminal accounts receivable.
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229248 (b) If a defendant files a petition under Subsection (3)(a), the board may modify the
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231250 payment schedule for the criminal accounts receivable in accordance with the factors
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233252 described in Subsection 77-32b-103(3)(b) if the defendant has demonstrated that the
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235254 criminal accounts receivable will impose a manifest hardship to the defendant, or the
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237256 defendant's family, due to changed circumstances or new evidence that justifies
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239258 modifying the payment schedule.
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241260 Section 3. Effective Date.
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243262 This bill takes effect on May 7, 2025.
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